Page 380 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10083

(3) Good Faith Execution of a Warrant or Search Authorization. Evidence that was obtained
as a result of an unlawful search or seizure may be used if:
(A) the search or seizure resulted from an authorization to search, seize or apprehend
issued by an individual competent to issue the authorization under Mil. R. Evid. 315(d) or from a
search warrant or arrest warrant issued by competent civilian authority;
(B) the individual issuing the authorization or warrant had a substantial basis for
determining the existence of probable cause; and
(C) the officials seeking and executing the authorization or warrant reasonably and with
good faith relied on the issuance of the authorization or warrant. Good faith is to be determined
using an objective standard.
( 4) Reliance on Statute or Binding Precedent. Evidence that was obtained as a result of an
unlawful search or seizure may be used when the official seeking the evidence acted in
objectively reasonable reliance on a statute or on binding precedent later held violative of the
Fourth Amendment.
(d) Motions lo Suppress and O~iections.
(1) Disclosure. Prior to arraignment, the prosecution must disclose to the defense all
evidence seized from the person or property of the accused, or believed to be owned by the
accused, or evidence derived therefrom, that it intends to offer into evidence against the accused
at trial.
(2) Time Requirements.
(A) When evidence has been disclosed prior to arraignment under subdivision (d)(l), the
defense must make any motion to suppress or objection under this rule prior to submission of a
plea. In the absence of such motion or objection, the defense may not raise the issue at a later
time except as permitted by the military judge for good cause shown. Failure to so move or
object constitutes a waiver of the motion or objection.
(B) If the prosecution intends to offer evidence described in subdivision (d)( I) that was
not disclosed prior to arraignment, the prosecution must provide timely notice to the military
judge and to counsel for the accused. The defense may enter an objection at that time and the
military judge may make such orders as are required in the interest ofjustice.
(3) Specificity. The military judge may require the defense to specify the grounds upon which
the defense moves to suppress or object to evidence described in subdivision (d)( I). If defense
counsel, despite the exercise of due diligence, has been unable to interview adequately those
persons involved in the search or seizure, the military judge may enter any order required by the
interests of justice, including authorization for the defense to make a general motion to suppress
or a general objection.
(4) Challenging Probable Cause.
(A) Relevant Evidence. If the defense challenges evidence seized pursuant to a search
warrant or search authorization on the ground that the warrant or authorization was not based
upon probable cause, the evidence relevant to the motion is limited to evidence concerning the
information actually presented to or otherw-ise known by the authorizing officer, except as
provided in subdivision (d)( 4)(B).
(B) False Statements. If the defense makes a substantial preliminary showing that a
government agent included a false statement knowingly and intentionally or with reckless
disregard for the truth in the information presented to the authorizing officer, and if the allegedly
false statement is necessary to the finding of probable cause, the defense, upon request, is
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entitled to a heating. At the hearing, the defense has the burden of establishing by a

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